NORTHERN PAC. RY. CO. v. ADAMS COUNTY

Nos. E-4300, E-4314, E-4338, E-4305.

1 F.Supp. 163 (1932)

NORTHERN PAC. RY. CO. v. ADAMS COUNTY et al. CHICAGO, M., ST. P. & P. R. CO. et al. v. SAME. SPOKANE, P. & S. RY. CO. v. SAME.

District Court, E. D. Washington, N. D.

July 9, 1932.


Attorney(s) appearing for the Case

D. F. Lyons, of St. Paul, Minn., and C. A. Murray and L. B. daPonte, both of Seattle, Wash., for Northern Pac. Ry. Co.

F. M. Dudley, I. S. Crawford, and A. J. Laughon, all of Seattle, Wash., and Garrecht & Twohy, of Spokane, Wash., for Chicago, M., St. P. & P. R. Co.

Charles A. Hart and Carey, Hart, Spencer & McCulloch, all of Portland, Or., for Spokane, P. & S. Ry. Co.

R. M. Burgunder, Pros. Atty. for King County, and Harry A. Rhodes, both of Seattle, Wash., Bertil E. Johnson, Pros. Atty. for Pierce County, and D. D. Schneider, Deputy Pros. Atty. for Pierce County, both of Tacoma, Wash., Charles W. Greenough, Pros. Atty. for Spokane County and A. O. Colburn, Deputy Pros. Atty. for Spokane County, both of Spokane, Wash., John H. Dunbar, Atty. Gen., John A. Homer, Asst. Atty. Gen., and William G. Graves, of Spokane, Wash., for King, Pierce, and Spokane Counties.

John W. Brisky and Thomas K. Chambers, both of Mt. Vernon, Wash., for Skagit County.

Charles R. Denney, of Everett, Wash., for Snohomish County.

R. G. Sharpe, of Seattle, Wash., Charles L. Powell, of Kennewick, Wash., George O. Beardsley, of Prosser, Wash., Dale McMullen and Joseph E. Hall, both of Vancouver, Wash., Cecil O. Hallin and J. E. Stone, both of Kelso, Wash., Paul O. Manley and J. C. Graham, both of Aberdeen, Wash., Spencer D. Short, of Ellensburg, Wash., Fred A. Smith, of Goldendale, Wash., R. M. Wright, of Stevenson, Wash., E. W. Schwellenbach, of Ephrata, Wash., William H. Grimm, of Centralia, Wash., Harold P. Troy, of Olympia, Wash., Bernard J. Lehrer, of Walla Walla, Wash., Lawrence M. Keplinger and Frank M. Allyn, both of Bellingham, Wash., and Ole Sandvig, of Yakima, Wash., for Benton, Clarke, Cowlitz, Grays Harbor, Kittitas, Klickitat, Skamania, Grant, Lewis, Thurston, Walla Walla, Whatcom, and Yakima Counties.

George H. Freese, of Ritsville, Wash., Wm. W. Bruce, of Port Angeles, Wash., E. W. Clark, of Dayton, Wash., C. M. O'Brien, of Pasco, Wash., John I. O'Phelan, of Raymond, Wash., W. J. Daly, Jr., of Port Townsend, Wash., Maurice W. Orth, of Bremerton, Wash., Floyd J. Underwood, of Davenport, Wash., J. W. Graham, of Shelton, Wash., E. L. Sheldon, of Newport, Wash., and John D. Evans, of Colfax, Wash., for Adams, Clallam, Columbia, Franklin, Jefferson, Kitsap, Lincoln, Mason, Pacific, Pend Oreille, and Whitman Counties.


WEBSTER, District Judge.

These causes are now before the court on exceptions to the report of the special master to whom the cases were duly referred. The exceptions go to the merits of the entire controversies involved in the cases respectively. Milwaukee cases Nos. E-4314 and E-4338 were consolidated, and all of the cases were tried together to the special master who has dealt with them in a single report. Since there are many fundamental questions to be considered...

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